Agenda 01/13/2009 Item #16K 5Agenda Item No, 16K5
January 13, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for
Parcel 119FEE in the lawsuit styled Collier County v. Carlos Alvarez, et aL, Case No. 07-2882 -
CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 119FEE in the lawsuit styled Collier County
v. Carlos Alvarez, et. aL, Case No. 07- 2882 -CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .379 acre parcel for road right -of -way
(Parcel 119FEE) from property owner Carlos Alvarez. The County's initial appraisal dated
February 9, 2007, valued the taking at $28,400.00. The County offered the owner $37,900.00 as the
County's statutory offer on June 29, 2007, based on the initial appraisal of $28,400.00 plus a
settlement incentive of $9,500.00. An updated appraisal, dated November 2, 2007, shows a
declining market value of $13,300.00 for the taking. An Order of Taking hearing was held on
January 9, 2008, and the County deposited the sum of $13,300.00 in the Court Registry. This
deposit represents a value of $35,000.00 per acre for the land only.
In order to avoid the added costs of mediation or trial, and to recognize a severance damage to this
relatively shallow parcel, staff recommends settlement in the amount of $31,000.00, inclusive of
attorney's fees, expert fees and costs. Please note that settlement is $6,900.00 less than the original
offer.
See attached Stipulated Final Judgment. If approved, the County will be responsible for the
following costs:
Additional payment, inclusive of attorney's fees,
expert fees and costs: $17.700.00
TOTAL S17,700.00
FISCAL IMPACT: Funds in the amount of $17,700.00 will come from the Gas Taxes and Impact
Fee. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi -
judicial and as such, ex -parte disclosure is not required. This item requires only a majority vote. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 1 19FEE and authorize payment of the funds as stated.
PREPARED BY: Robert Ni. Zachary, Assistant County Attorney
CP: 07- 2892- CA;742
Page I of I
Agenda Item No. 16K5
January 13, 2009
Page 2 of 7
file: / /C:AA,,endaTest \Export \121- January %2013,% 202009 \16.0 /,2000NSENT %20AGENDA \... 1/7/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K5
Item Summary:
Recommendation to approve a Stipulated Final Judgment
in the amount of $31,000.00 for
Parcel 119FEE in the lawsuit styled Collier County v. Carlos Alvarez., et al., Case No. 07-
2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact
$17,700.00)
Meeting Date:
1 /13/2009 9:00.00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1 211 512 008 12:39:59 PM
Approved By
Gary Putaansuu
Principal Project Manager
Date
Transportation Services
p
Transportation Engineering and
12115/2008 1:22 PM
Construction
Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Services
Transportation Administration
12/15/2008 2:50 PM
Approved By
Brian Hancock
Operations Support Manager
Date
�- Transportation Division
Transportation Administration
1 211 5120 08 4:23 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
12H 512008 4:37 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12116/2008 1:28 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
1211712008 9:49 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/22/2008 8:20 AM
.Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
12123/2008 11:21 AM
Approved By
James V. Mudd
County Manager
Date
Board of County.
.... Commissioners
County Manager's Office
12/2312008 5:45 PM
file: / /C:AA,,endaTest \Export \121- January %2013,% 202009 \16.0 /,2000NSENT %20AGENDA \... 1/7/2009
Agenda I: e n 1...11o. 16K5
,lancary 13. 2009
Page 3 of 7
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
a political subdivision of the State of Florida,
Petitioner,
vs.
Case No.: 07- 2882 -CA
Parcel No.: 119FEE
CARLOS ALVAREZ, et al.,
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
CARLOS ALVAREZ, (hereafter "Respondents'), for entry of a Stipulated Final Judgment as to
Parcel 119FEE, and it appearing to the Court that the parties are authorized to make such motion,
the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA,
is the full compensation due Respondent, CARLOS ALVAREZ, and the Court being otherwise
fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, CARLOS ALVAREZ, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty -One Thousand and No /100
Dollars ($31,000.00) for Parcel 119FEE as full payment for the property interests taken and for
damages resulting to the remainder, if less than the entire property was taken, business damages, for
all other damages in connection with said parcels, and inclusive of attorney's fees, expert fees and
costs; it is further
Agenda (tern No. 16K5
January 13, 2009
Page 4 of 7
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of Thirteen Thousand Three Hundred and No /100 Dollars ($13,300.00) into the registry of
the Clerk of the Circuit Court toward the acquisition of Parcel 119FEE at which time title to said
parcel as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED AND ADJUGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall pay to Respondent, CARLOS ALVAREZ, the total sum of $13,300.00,
to the Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive,
Riverview, FL, 33569, for the benefit of Respondent, CARLOS ALVAREZ; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Seventeen Thousand Seven Hundred and No /100 Dollars ($17,700.00) to Respondent,
CARLOS ALVAREZ, inclusive of attorney's fees, expert fees and costs, and no other attorney's
fees, expert fees and costs shall be awarded in this case; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Seventeen Thousand Seven Hundred and No /100 Dollars ($17,700.00), to the Bella Y.
Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL,
33569, for proper disbursement in accordance with this order; it is further
ORDERED that title to Parcel 119FEE, a Fee Simple Interest, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER
COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(3), F.S., the Clerk of Courts
shall disburse the interest earned on the funds on deposit in the amount of $ made payable
I
anuary 13. 2019
?age 5 of 7
to the Board of County Commissioners, c/o the Office of the County Attorney, 3301 Tamiami Trail,
Naples, East, Florida 34112; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4274, Page 2074, et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel l 19FEE; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of
January, 2009.
Conformed Copies:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr /Transp.
Bookkeeping
3
HUGH D. HAYES
CIRCUIT COURT JUDGE
Agenda item No. 16K5
January 13, 2009
Page 6 of 7
dOINr MOTION FOR STIPULATED FINAI,.ILID(;:.N1ENT
The Petitioner. COI11FIR COUN FY. FLORIDA. and Respondent. C'ARLOS ALV.ART.Z.
hereh% stipulate and respcctiitlly request this Court 10 enter the foregoing Stipulated Final Judulpent
as to parcel 1 1 ()FEE.
Daicd: �Q y
,s
BYLLA Y. PAIL, L.I- SQ.
Florida Bar No. 896489
I AW OFFIC!_ OF BELL,A Y. PATFL P.A
13026 Walcrinrd Run Drh-c
Ri%cn ic�X. PL 3"569
(W,)643- 2702- 1- cicphonr
(811) 643 -2612 Facsimile
1'II'ORN11l` F(N2 RI:SPONDI{ v' "F,
C'ARLOS.ALVAREZ
Datcd: -- _
ROBERT N. ZACHARY
Florida Bar No. 816604
ASSIS CANT COUNTY Al I -ORNFY
I iannnn 'I urner Building;, 8 °e Floor
31(41 1 ?ast Tamiami 'I rail
Naples, Florida 3411'
(219) 774 -8400 -Telephone
1239) 252- 1,,100 - Facsimile
AI rORNTIFY FOR ITHT1ONER
CERTIFICATE OF SERVICES
I HEREBY CER'I If Y that a true and correct co1e of the rorcgoinc has hecn furnished by U.S. wail
to d1c parties l i.ted helot+= on INS the _dav of (anuary'. 2009.
Carlos Alcarcz
cx Bella Y. Patel C,quire
1, AAk 01 Fl( OF RGL.LA } -. 11A 1I.I.. P. A.
13026 N alcrtnrd Run Dricc
Rig cry lets. FI,
C flicrCOUnn Tas ( ollcclnr
coo E. Glcnn reelect. Lsquirc
RI IOMS I11CKER S GAKRFTSON
P O 13oc 887
Llmco Lland. 1 1. 34146
,ti,,..r<t:,an
4
ROl3F.RT N- ZAC(1�1RY
ASSTSTANT CO[ INFY ATTORNEY
PROJECT N0, 50044
PROJECT PARCEL NO. 119 FEE
FEE SIMPLE INTEREST
ca lern'vo. IBK5
January 13, 2009
Page 7 of 7
EXHIBIT R
Page / of
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT
NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.379 ACRES, MORE OR LESS.
TRACT 34
FEE SIMPLE
INTEREST
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